On December 04, 2019 a
Party Statement
was filed
involving a dispute between
Lupian, Sigifredo,
and
Gold Star Foods, Inc., A Delaware Corporation,
for Other Employment Unlimited
in the District Court of San Bernardino County.
Preview
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
JASON W. KEARNAGHAN, Cal. Bar No. 207707
MELISSA M. SMITH, Cal. Bar No. 279467
ELYSSA M. STERNBERG, Cal. Bar N0. 329481
333 South Hope Street, 43rd Floor
Los Angeles, California 90071-1422
Telephone: 213.620.1780
\OOOQQU‘I-PUJNH
Facsimile: 213.620.1398
E mail jkeamaghan@sheppardmullin.com
melissasmith@sheppardmullin.c0m
estemberg@sheppardmullin.com
Attorneys for Defendant
GOLD STAR FOODS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
SIGIFREDO LUPIAN, individually and 0n Case N0. CIVDSI936613
behalf 0f all other aggrieved employees, Assigned t0: Hon. Donald Alvarez
Department: S23
Plaintiff,
DECLARATION OF VERONICA
V. MIRAMONTES IN SUPPORT OF
DEFENDANT GOLD STAR FOODS,
GOLD STAR FOODS, INC., a Delaware INC .’S OPPOSITION TO PLAINTIFF’S
NNNNNNNNNr—tp—Hr—tr—‘r—‘r—At—AHv—A
corporation, and DOES 1 through 50, MOTION TO COMPEL RESPONSES TO
inclusive, REQUESTS FOR PRODUCTION
Defendant. [Filed concurrently with Opposition; Response
t0Separate Statement; and Declaration 0f
OOQONUI-PUJNHOWOONONLh-PWNHO
Elyssa Sternberg]
Hearing
Date: October 6, 2021
Time: 9:00 a.m.
Dept; $23
Complaint Filed: December 4, 2019
Trial Date: None Set
-1-
SMRH:4830-9005-9772.1 DECLARATION OF VERONICA MIRAMONTES
DECLARATION OF VERONICA MIRAMONTES
I, Veronica Miramontes declare as follows:
Star” or the “Company”)
1. I am an employee 0f Defendant Gold Star Foods (“Gold
Human Resources Manager. l have been the Human Resources Manager
and currently serve as its
have been working in the Human Resources Department at Gold Star since
since April 2021. I
\OOONONUI-PUJN
have personal knowledge of the facts set forth herein, which are known by me t0
February 2014. I
be true and correct, and if called as a Witness, I could and would competently testify thereto.
2. The HR Manager oversees the Human Resources Department. As the HR Manager,
policies and procedures at Gold Star.
I am familiar with the timekeeping, record keeping and payroll
As part of my responsibilities, I oversee the policies and procedures of the Human Resources
10
11 Department, which include time keeping and payroll records.
To compile the time and payroll records for approximately 700 employees,
it would
12 3.
13 take one person completely dedicated to this task four to six weeks to compile all the data. In my
takes around 15 minutes to obtain a report on a single employee’s
time records. To
14 experience, it
15 do this for every employee would take around 1 16 to 175 hours, or around four weeks 0f work if
16 someone did only this task for 40 hours a week. Gold Star organizes wage statements by pay period
we would have t0 review the wage statements for the whole company
17 and not by employee, thus,
estimate t0 do this for one pay period
18 for each pay period and remove any salaried employees. I
two years’ worth 0f wage statements would take
19 would take 20-30 minutes. T0 d0 this for nearly
between 35 to 52 hours. Like many businesses, Gold Star is currently facing a staffing shortage,
20
and we do not currently have an employee who could dedicate all 0f their time t0 compile this data.
21
22 Thus, we would need t0 hire a temporary employee, or the process would take weeks. Hiring an
employee with the proper experience and ability t0 handle sensitive information which would cost
23
24 $20-21 per hour at least, given the current labor shortage.
documents and papers that refer t0 or relate to hours worked
25 4. Attempting to find all
26 or payroll records would be nearly insurmountable. We would have to search through the payroll
employees addition to work assignments,
records, time records, and personnel files 0f nearly 700
in
27
documents that may possibly be responsive.
28 unemployment documents, W-25 and W-4s, t0 obtain
-2-
SMRH;4830-9005-9772.1 DECLARATION 0F VERONICA MIRAMONTES
Document Filed Date
September 23, 2021
Case Filing Date
December 04, 2019
Category
Other Employment Unlimited
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations JASON W. KEARNAGHAN, Cal. Bar No. 207707 MELISSA M. SMITH, Cal. Bar No. 279467 ELYSSA M. STERNBERG, Cal. Bar N0. 329481 333 South Hope Street, 43rd Floor Los Angeles, California 90071-1422 Telephone: 213.620.1780 \OOOQQU‘I-PUJNH Facsimile: 213.620.1398 E mail jkeamaghan@sheppardmullin.com melissasmith@sheppardmullin.c0m estemberg@sheppardmullin.com Attorneys for Defendant GOLD STAR FOODS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT SIGIFREDO LUPIAN, individually and 0n Case N0. CIVDSI936613 behalf 0f all other aggrieved employees, Assigned t0: Hon. Donald Alvarez Department: S23 Plaintiff, DECLARATION OF VERONICA V. MIRAMONTES IN SUPPORT OF DEFENDANT GOLD STAR FOODS, GOLD STAR FOODS, INC., a Delaware INC .’S OPPOSITION TO PLAINTIFF’S NNNNNNNNNr—tp—Hr—tr—‘r—‘r—At—AHv—A corporation, and DOES 1 through 50, MOTION TO COMPEL RESPONSES TO inclusive, REQUESTS FOR PRODUCTION Defendant. [Filed concurrently with Opposition; Response t0Separate Statement; and Declaration 0f OOQONUI-PUJNHOWOONONLh-PWNHO Elyssa Sternberg] Hearing Date: October 6, 2021 Time: 9:00 a.m. Dept; $23 Complaint Filed: December 4, 2019 Trial Date: None Set -1- SMRH:4830-9005-9772.1 DECLARATION OF VERONICA MIRAMONTES DECLARATION OF VERONICA MIRAMONTES I, Veronica Miramontes declare as follows: Star” or the “Company”) 1. I am an employee 0f Defendant Gold Star Foods (“Gold Human Resources Manager. l have been the Human Resources Manager and currently serve as its have been working in the Human Resources Department at Gold Star since since April 2021. I \OOONONUI-PUJN have personal knowledge of the facts set forth herein, which are known by me t0 February 2014. I be true and correct, and if called as a Witness, I could and would competently testify thereto. 2. The HR Manager oversees the Human Resources Department. As the HR Manager, policies and procedures at Gold Star. I am familiar with the timekeeping, record keeping and payroll As part of my responsibilities, I oversee the policies and procedures of the Human Resources 10 11 Department, which include time keeping and payroll records. To compile the time and payroll records for approximately 700 employees, it would 12 3. 13 take one person completely dedicated to this task four to six weeks to compile all the data. In my takes around 15 minutes to obtain a report on a single employee’s time records. To 14 experience, it 15 do this for every employee would take around 1 16 to 175 hours, or around four weeks 0f work if 16 someone did only this task for 40 hours a week. Gold Star organizes wage statements by pay period we would have t0 review the wage statements for the whole company 17 and not by employee, thus, estimate t0 do this for one pay period 18 for each pay period and remove any salaried employees. I two years’ worth 0f wage statements would take 19 would take 20-30 minutes. T0 d0 this for nearly between 35 to 52 hours. Like many businesses, Gold Star is currently facing a staffing shortage, 20 and we do not currently have an employee who could dedicate all 0f their time t0 compile this data. 21 22 Thus, we would need t0 hire a temporary employee, or the process would take weeks. Hiring an employee with the proper experience and ability t0 handle sensitive information which would cost 23 24 $20-21 per hour at least, given the current labor shortage. documents and papers that refer t0 or relate to hours worked 25 4. Attempting to find all 26 or payroll records would be nearly insurmountable. We would have to search through the payroll employees addition to work assignments, records, time records, and personnel files 0f nearly 700 in 27 documents that may possibly be responsive. 28 unemployment documents, W-25 and W-4s, t0 obtain -2- SMRH;4830-9005-9772.1 DECLARATION 0F VERONICA MIRAMONTES